Federal Act on Human Genetic Testing (HGTA) (HGTA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Principle
Art. 37
Employers and insurance providers may neither require any non-medical genetic testing nor request any medically irrelevant genetic data, nor make use of any such data. The foregoing also applies in civil liability cases.
Section 2 Genetic Testing in Connection with Emplo
Art. 38 General provisions
1 Genetic testing that is prescribed in connection with employment may only be performed to identify characteristics that are relevant in the workplace. 2 The physician shall inform the person concerned of the test result. The physician may only inform the employer whether the person concerned can be considered for the intended activity.
Art. 39 Prohibition of presymptomatic genetic tests
In connection with employment, neither an employer nor an associated physician may, subject to Article 40: a. require presymptomatic genetic tests to be performed; b. request data from prior presymptomatic genetic tests nor make use of such data.
Art. 40 Exceptions relating to the prescription of presymptomatic genetic tests to prevent occupational diseases and accidents
1 In connection with employment, the physician engaged by the employer may prescribe a presymptomatic genetic test, when, in addition to complying with the provisions applicable to genetic tests in a medical context, the following requirements are met: a. The Swiss Accident Insurance Fund (Suva) has ruled that the workplace is subject to occupational health monitoring, or other federal regulations require the employee to undergo a medical examination to ascertain his or her suitability for the job because there is a danger of an occupational disease or severe environmental contamination occurring or there is a serious risk of accident or health hazards for third parties. b. Workplace-related measures in accordance with Article 82 of the Federal Act of 20 March 1981 on Accident Insurance or other legal provisions are not sufficient to exclude a risk defined under letter a. c. State-of-the-art scientific knowledge has established a link between a specific genetic predisposition and a for
Para. 1 let. b — SR 832.20
Art. 41 Supervision
The supervision of compliance by the employer with Articles 37-40 is governed by the provisions of the Employment Act of 13 March 1964 and the Federal Act of 20 March 1981 on Accident Insurance.
SR 822.11 SR 832.20
Section 3 Genetic Testing in Connection with Insur
Art. 42 Prohibition of genetic testing
Insurance providers may not require either presymptomatic or prenatal genetic tests or tests for family planning purposes prior to providing insurance.
Art. 43 Prohibition of handling genetic data
1 Insurance providers may neither request, nor make use of the results of prior presymptomatic tests on applicants for the following: a. insurance governed in whole or in part by the Federal Act of 6 October 2000 on General Aspects of Social Insurance Law; b. mandatory occupational pensions insurance or occupational pensions insurance that goes beyond the scope of the mandatory insurance; c. insurance relating to the obligation to continue paying the individual's salary during illness or maternity; d. life insurance with an insured sum not exceeding CHF 400,000; e. voluntary invalidity insurance with an annuity not exceeding CHF 40,000. 2 If an individual enters into two or more life or invalidity insurance contracts, the maximum amount specified in paragraph 1 letter d or e applies to the sum of the policies. The applicant must provide the insurance provider with the relevant information. 3 Insurance providers may neither request nor make use of the results of prior prenatal genetic t
Para. 1 let. a — SR 830.1
Art. 44 Handling data from presymptomatic genetic tests
1 Before entering into a private insurance contract not covered by Article 43, insurance providers may not request genetic data from prior presymptomatic genetic tests or make use of such data unless: a. the test in question provides reliable results both technically and in practical medical terms; b. the scientific value of the test for the calculation of premiums has been demonstrated and is relevant; and c. the person to be insured has knowledge of the genetic data. 2 The insurance provider may only require that the data according to paragraph 1 be transmitted to the designated physician. The physician may inform the insurance provider only of the risk group to which the applicant must be assigned. 3 The genetic data and data on the risk group assigned may only be processed with a view to entering into a private insurance contract in accordance with paragraph 1.
Section 4 Genetic Testing in Civil Liability Cases
Art. 45 Prohibition of genetic testing and handling genetic data
1 In civil liability cases, it is prohibited, in particular for the purpose of calculating financial losses or measuring damages, to perform presymptomatic or prenatal genetic tests or tests for family planning, to request data from such tests or to make use of such data. 2 The foregoing does not apply if the tests assist the person concerned in claiming damages or satisfaction for genetic damage.
Art. 46 Forms of consent for diagnostic genetic testing
In medical negligence cases, particularly when calculating financial losses or measuring damages, the written consent of the person concerned is required for performing a diagnostic genetic test, requesting the data from such a test or for making use of such data.